• Private forest land

Hello I have an ancestral property of around 4 acres near the City , it has been designated as private forrest land( the local town planning office says so) , I also have a town planning zone certificate of the same land from the year 1997 which designated it as 'agricultural zone', I wasn't sent any notice saying that my land will be included under private forrest land nor did my neighbours receive any such notice, the town planning office said that the land has been designated as a private forrest since the year 2000 , also the 7/12 and 'pher phar' records dont show any mention of it being a private forrest, now I want to sell my land but not getting the right price because of the private forrest tag, any solution to this?
Asked 2 years ago in Property Law
Religion: Hindu

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11 Answers

Bombay High Court: has , held that to declare land as private forest under Maharashtra Private Forest (Acquisition) Act, 1975, it is necessary for the land to fall under the ambit of ‘private forest’ under Section 2 (f) and notice has to be issued to the owner and to all other persons having an interest in such land, calling on them to show cause why such declaration should not be made. ...


 

2) Section 21 of the Act, 1975 mandates the Collector or any officer authorised in this behalf by State Government, to issue a notice to the owner and to all other persons having an interest in such land, calling on them to show cause why such declaration should not be made....

3) you can file writ in HC against declaration of your land as private forest land 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

You will have to file writ petition in HC and in light of SC judgment HC would remand case to Collector to decide whether land falls under ambit of forest  land 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

Dear client,

In India, state-specific laws frequently regulate matters pertaining to property. You have legal options to make corrections if your ancestral property has been mistakenly labeled as private forest land. First, compile all pertinent data, such as the town planning zone certificate from 1997, the 7/12 and "pher phar" records, and any other proof that the land is still agricultural. Make contact with the District Collector, presenting this documentation and elucidating the disparity in the land's classification. As a public servant, the District Collector is qualified to examine and correct such mistakes. Should the problem continue, you can think about bringing a writ suit against the incorrect designation in the High Court under Article 226 of the Indian Constitution. Though it could take some time, this procedure is legal remedy to seek justice.

 

Hope this helps you.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Private Forest means a forest which is not the property of the GOVERNMENT or over which the State has no proprietary rights or to the whole or any part of the forest produce of which the State is not entitled.

You have documentary evidences to prove that this is your ancestral property. 

The town planning department has so far not issued any notice but have orally informed you. 

Since the revenue records also do not say that this is a private forest land,  you don't need to be concerned about it for now. 

You may gather the documentary evidences and secure them to challenge the future issues if any.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

District collector has not declared this to be a forest land hence there's no point in approaching him nor high court with a writ petition. You may wait and watch the developments. 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Planning officer is lying just for the sake of bribe. Tell him to show document which mentioning it private forest. or get under RTI, land record and nature of land. 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

If it’s declared private forest after your purchase then you can claim compensation 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

If it has been acquired with a notification then the date of notification would be taken for consideration to assess the value of the property being assessed.

Hence the notification date or the date of acquisition is important

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Compensation would be at current market rates and not the rates fixed in 1976 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

Dear client,

The Collector typically decides the compensation after taking into account market value, current land prices, and other pertinent variables. Rather than using rates from the year the act was passed, the compensation ought to be based on current market rates. The Collector has the power to make a decision in this case. It might be necessary for you to submit a formal application to the Collector along with supporting documentation and proof of the 1997 agricultural zone classification.

 

Hope this helps you.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Then you can proceed for compensation 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

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